As used in this division, “department” means the Department of Veterans Affairs.
Chapter 1Department of Veterans Affairs
Section § 690
This section clarifies that whenever the term "department" is used in this division, it specifically refers to the Department of Veterans Affairs.
Department of Veterans Affairs definition of department MVC section interpretation veterans affairs department terminology clarification division-specific term usage of department Department in MVC veterans services state department definition
Section § 694
This section explains that the department operates as a public corporation. It can manage property, accept donations, make contracts, and participate in lawsuits just like other public corporations. Essentially, it has all the rights and powers that public corporations are granted by the state's Constitution and laws.
The department constitutes a public corporation and may on behalf of the State hold property, request and receive donations, contract, sue and be sued, and has all other rights and powers provided by the Constitution and laws of the State as belonging to public corporations.
public corporation manage property accept donations contract sue and be sued rights and powers state constitution laws of the state hold property receive donations public entity operations corporate powers state department authority
Section § 695
This law allows the state department to work together with a representative from the U.S. Government and make agreements to help implement the rules outlined in this division.
The department may cooperate and contract with the duly authorized representative of the United States Government in carrying out the provisions of this division.
state department cooperation U.S. Government representative contract agreements implementation of provisions division rules partnership with federal government U.S. compliance state-federal collaboration carrying out provisions authorized representatives government contracts division implementation federal-state cooperation legal agreements intergovernmental coordination
Section § 699
This law requires all state and county officials to provide any needed information to the department when asked and to help the department as required by law, without charging any fees.
All State and county officials shall furnish all required information to the department, upon request, and shall further assist the department in any manner in accordance with law and without charge therefor.
state officials county officials information request department assistance no charge legal compliance without fee furnish information assist department lawful requests government cooperation official duties
Section § 699.1
This law focuses on the process of managing claims for veterans, their families, and survivors. It includes help with filing initial claims, providing representation in front of the Department of Veterans Affairs, and handling appeals.
The types of claims can cover a range of benefits, including disability compensation and pension, compensation for dependents, widow's death pension, burial benefits, continued claims, and vocational rehabilitation. There are also provisions for waiving debts and any other benefits resulting in monetary awards.
(a)CA Military and Veterans Code § 699.1(a) The processing of claims for veterans and their dependents and survivors shall include the filing of the initial claim, the representation of the claimant before boards and offices of the United States Department of Veterans Affairs, and the filing of appeals related to the claims.
(b)CA Military and Veterans Code § 699.1(b) The claims may include the following types of benefits and services:
(1)CA Military and Veterans Code § 699.1(b)(1) Disability compensation benefits.
(2)CA Military and Veterans Code § 699.1(b)(2) Disability pension benefits.
(3)CA Military and Veterans Code § 699.1(b)(3) Dependents’ indemnity compensation.
(4)CA Military and Veterans Code § 699.1(b)(4) Widow’s death pension.
(5)CA Military and Veterans Code § 699.1(b)(5) Burial benefits.
(6)CA Military and Veterans Code § 699.1(b)(6) Confirmed and continued claims.
(7)CA Military and Veterans Code § 699.1(b)(7) Vocational rehabilitation and education.
(8)CA Military and Veterans Code § 699.1(b)(8) Waivers of indebtedness.
(9)CA Military and Veterans Code § 699.1(b)(9) Other benefits that result in monetary awards to the claimant.
veterans claims processing veterans benefits disability compensation disability pension dependents indemnity widow's death pension burial benefits vocational rehabilitation education benefits waivers of indebtedness monetary awards Department of Veterans Affairs initial claims filing appeals representation
Section § 699.5
This California regulation allows the Department of Veterans Affairs to help veterans and their dependents or survivors with claims against the U.S. related to military service, such as securing benefits or compensation. The department can partner with veterans service organizations, which are specifically formed to assist veterans, and may compensate them for their services. However, compensation from the General Fund is restricted until county veterans service officer budgets reach $5 million, though federal funds can be used.
Veterans service organizations that work with the department must document the claims processed by their officers. The department annually evaluates the benefits provided to qualified veterans and communicates this information to relevant financial and legislative bodies. Organizations must meet specific criteria, such as being formed for veterans, chartered by Congress, and having an established presence within the U.S. Department of Veterans Affairs in California.
(a)CA Military and Veterans Code § 699.5(a) The department may assist every veteran of the United States and the dependent or survivor of every veteran of the United States in presenting and pursuing the claim as the veteran, dependent, or survivor may have against the United States arising out of military service and in establishing the veteran’s, dependent’s, or survivor’s right to any privilege, preference, care, or compensation provided for by
the laws of the United States or of this state. The department may cooperate and, with the approval of the Department of Finance, contract with any veterans service organization, and pursuant to the contract may compensate the organization for services within the scope of this section rendered by it to any veteran or dependent or survivor of a veteran. The contract shall not be made unless the department determines that, owing to the confidential relationships involved and the necessity of operating through agencies that the veterans, dependents, or survivors involved will feel to be sympathetic toward their problems, the services cannot satisfactorily be rendered otherwise than through the agency of the veterans organization and that the best interests of the veterans, dependents, or survivors involved will be served if the contract is made.
(b)Copy CA Military and Veterans Code § 699.5(b)
(1)Copy CA Military and Veterans Code § 699.5(b)(1) The Legislature finds and declares that services provided by veterans
service organizations play an important role in the department’s responsibilities to assist veterans and their dependents and survivors in presenting and pursuing claims against the United States, and that it is an efficient and reasonable use of state funds to provide compensation to veterans service organizations for these services.
(2)CA Military and Veterans Code § 699.5(b)(2) The Legislature further finds and declares that paragraph (1) shall not be implemented by using the General Fund until the annual budget for county veterans service officers reaches a minimum of five million dollars ($5,000,000). This subdivision shall not be construed to preclude the use of federal funding in implementing these provisions.
(c)CA Military and Veterans Code § 699.5(c) Veterans service organizations that elect to contract with the department in accordance with this section shall document the claims processed each year by the veterans service officers employed by the
veterans service organization at offices located in California. The documentation shall be in accordance with procedures established by the department.
(d)CA Military and Veterans Code § 699.5(d) The department shall determine annually the amount of monetary benefits paid to eligible veterans and their dependents and survivors in the state as a result of the work of the veterans service officers of the contracting organizations. Beginning on January 1, 2006, the department shall, on or before January 1 of each year, prepare and transmit its determination for the preceding fiscal year to the Department of Finance and the Legislature. The department shall also identify federal sources to support the efforts of veterans service organizations pursuant to this section. The Department of Finance shall review the department’s determination in time to use the information in the annual Budget Act for the budget of the department for the next fiscal year.
(e)CA Military and Veterans Code § 699.5(e) For purposes of this section:
(1)CA Military and Veterans Code § 699.5(e)(1) “Survivor” means any relation of a deceased veteran who may be entitled to make a claim for any privilege, preference, care, or compensation under the laws of the United States or this state based upon the veteran’s war service.
(2)CA Military and Veterans Code § 699.5(e)(2) “Veterans service officer” means an individual employed by a veterans service organization and accredited by the United States Department of Veterans Affairs to process and adjudicate claims and other benefits for veterans and their dependents and survivors.
(3)CA Military and Veterans Code § 699.5(e)(3) “Veterans service organization” means an organization that meets all of the following criteria:
(A)CA Military and Veterans Code § 699.5(e)(3)(A) Is formed by and for United States military veterans.
(B)CA Military and Veterans Code § 699.5(e)(3)(B) Is chartered by the United States Congress.
(C)CA Military and Veterans Code § 699.5(e)(3)(C) Has regularly maintained an established committee or agency in a regional office of the United States Department of Veterans Affairs in California rendering services to veterans and their dependents and survivors.
veteran benefits veterans service organizations military service claims dependent assistance survivor benefits contracting with veterans organizations financial compensation General Fund restrictions federal funding for veterans county veterans service officers documenting claims evaluation of veteran benefits Department of Veterans Affairs partnership legislative reporting accredited veterans service officer
Section § 700
This law allows the department to create rules and guidelines needed to enforce the details of this division.
The department may make rules and regulations to carry out the provisions of this division.
departmental rules regulations enforcement provisions implementation guidelines rulemaking authority department authority administrative rules operational regulations procedural guidelines division provisions enforcement policy implementation regulatory framework conformance standards administrative function internal procedures
Section § 701
This law allows California to take advantage of federal benefits if the Servicemen’s Readjustment Act is changed to let veterans get loans for homes and farms with guarantees from the U.S. government. The California Department of Veterans Affairs is tasked with handling the applications for these federal guarantees. It can also set necessary rules and standards as long as they don’t conflict with existing state laws.
In the event that the provisions of the Servicemen’s Readjustment Act of 1944 are amended in such manner as to make the guarantees by the United States of loans to veterans for farms and homes applicable to purchases of farms and homes from the Department of Veterans Affairs pursuant to Chapter 3 and Article 3 of Chapter 6, the State of California hereby accepts the benefits of such federal act, and agrees to comply with all the requirements of said act.
The Department of Veterans Affairs is hereby designated as the official agency of the State to apply to the United States for such guarantees and to do all acts required in connection
therewith. The board is authorized to adopt such rules and regulations and standards as may be required by the federal act and are not in conflict with the provisions of this division.
Servicemen's Readjustment Act veteran loans farm purchases home purchases loan guarantees Department of Veterans Affairs federal benefits California veterans housing assistance farm assistance rulemaking authority federal compliance home loan guarantees state acceptance veterans benefits
Section § 702
This law states that the salaries and expenses related to the Division of Farm and Home Purchases must come from the Farm and Home Building Fund of 1943, and not from the General Fund.
All salaries and expenses of the Division of Farm and Home Purchases shall be paid out of the Farm and Home Building Fund of 1943 and no part thereof shall be paid from the General Fund.
Division of Farm and Home Purchases salaries expenses Farm and Home Building Fund of 1943 General Fund funding source budget allocation financial responsibility public sector salaries government expenses restricted funds use California government finance 1943 fund budget management state fund allocation
Section § 710
The California Department of Veterans Affairs can start a trial program to create cooperative housing projects specifically for military veterans and their families. They'll team up with the Department of Housing and Community Development to make this happen.
The project can use current home loan funds, as long as they follow the rules about how those funds are usually used. The Department of Veterans Affairs will set up the necessary rules and regulations for this project. These housing projects must serve veterans and their families for at least 55 years.
(a)CA Military and Veterans Code § 710(a) The Department of Veterans Affairs may establish a pilot project for the purpose of establishing a cooperative housing project.
(b)CA Military and Veterans Code § 710(b) The Department of Veterans Affairs shall work in conjunction with the Department of Housing and Community Development to implement the pilot project.
(c)CA Military and Veterans Code § 710(c) The Department of Veterans Affairs may use existing
home loan funds to establish the pilot project. These funds shall be used in accordance with all laws and regulations governing the use of the funds.
(d)CA Military and Veterans Code § 710(d) The Department of Veterans Affairs shall prescribe the rules, regulations, and conditions necessary to implement this section.
(e)CA Military and Veterans Code § 710(e) Any cooperative housing project established pursuant to this section shall be restricted for use and occupancy by military veterans and their families for a period of at least 55 years.
Veterans housing cooperative housing pilot project home loan funds military veterans Department of Veterans Affairs Department of Housing and Community Development housing for veterans veteran families housing regulations 55-year occupancy restriction veterans' benefits housing project rules cooperative housing conditions veteran housing initiative
Section § 711
This law requires the department to spread awareness about benefit programs available to homeless veterans. These benefits include veterans pension programs for those over 65 or with disabilities, the Veterans Affairs Supportive Housing voucher program to help secure rental housing, and CalFresh food assistance. The department must use printed materials, its website, and any other effective methods to share this information. Additionally, it should inform veterans that they can get help applying for these benefits from county veterans service offices.
(a)CA Military and Veterans Code § 711(a) The department shall publicize information pertaining to benefit programs that are available to qualified homeless veterans, including, but not limited to, all of the following:
(1)CA Military and Veterans Code § 711(a)(1) The veterans pension programs administered by the United States Department of Veterans Affairs (38 U.S.C. Sec. 1501 et seq.), especially the eligibility for those veterans who are 65 years of age or older or are permanently
and totally disabled.
(2)CA Military and Veterans Code § 711(a)(2) The Veterans Affairs Supportive Housing voucher program (Public Law 110-161), and any programs that assist homeless veterans in securing rental housing with that information including, to the extent possible, the information that veterans not eligible for loans under the Veterans’ Farm and Home Purchase Act of 1974, and subsequent acts, may be eligible for housing assistance under the Veterans Affairs Supportive Housing voucher program.
(3)CA Military and Veterans Code § 711(a)(3) CalFresh (Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code).
(b)CA Military and Veterans Code § 711(b) The department shall publicize this information using any of the following methods:
(1)CA Military and Veterans Code § 711(b)(1) Printed material, including, but not limited to, flyers and posters, with the
information that can be provided to county veterans service offices, homeless shelters, Veterans Affairs hospitals, and other public and private entities that come into contact with homeless veterans.
(2)CA Military and Veterans Code § 711(b)(2) On the department’s Internet Web site.
(3)CA Military and Veterans Code § 711(b)(3) Any other method that the department determines would publicize and create awareness to homeless veterans about the benefit programs available to them.
(c)CA Military and Veterans Code § 711(c) The information shall also state that veterans may receive assistance from a county veterans service office in applying for any benefits that they may be qualified to receive.
homeless veterans benefits veterans pension programs housing assistance Veterans Affairs Supportive Housing CalFresh rental housing assistance county veterans service offices publicize veteran benefits assistance for disabled veterans awareness programs veteran support services veterans over 65 veterans internet resources printed informational materials
Section § 711.1
This California law states that if the federal government reinstates benefits to veterans who were denied them because of their sexual orientation, the state will also restore any state benefits that were similarly denied. This is applicable to veterans discharged due to federal policies against homosexual personnel in the military.
Additionally, the law requires the state's veterans' department to provide resources both online and in-person to help veterans with military discharge upgrades. These resources should include links to legal services specializing in upgrading discharges.
(a)CA Military and Veterans Code § 711.1(a) If the federal government acts to reinstate benefits to discharged veterans, regardless of their discharge classification, who were denied those benefits solely on the basis of sexual orientation pursuant to any federal policy prohibiting homosexual personnel from serving in the Armed Forces of the United States, the state shall reinstate to those veterans any state-offered benefits they were denied due to those federal policies.
(b)CA Military and Veterans Code § 711.1(b) To the extent practicable, the department shall do the following:
(1)CA Military and Veterans Code § 711.1(b)(1) On the department’s Internet Web site, provide Internet resources or links to Internet resources that provide information regarding veterans’ legal services organizations that specialize in military discharge upgrades.
(2)CA Military and Veterans Code § 711.1(b)(2) In the department’s offices and walk-in locations, provide printed resources, to the extent available, created by veterans’ legal services organizations that specialize in military discharge upgrades.
discharged veterans federal policy sexual orientation military discharge upgrades veterans' benefits homosexual personnel Armed Forces state-offered benefits veterans' legal services Internet resources printed resources discharge classification military service discrimination veterans' department federal benefit reinstatement
Section § 712
This law requires the department to supply helpful resources to families of veterans returning from active duty. The department must provide both online information and printed materials about health issues linked to specific military conflicts. This includes conditions like PTSD and Agent Orange exposure from the Vietnam War, Gulf War Syndrome and depleted uranium exposure from Operation Desert Shield/Storm, and traumatic brain injury from more recent operations. The law also mandates that their website prominently features a link to the Network of Care site, which serves as an informational hub for veterans and those supporting them.
The department shall do both of the following:
(a)CA Military and Veterans Code § 712(a) Make available to family members of veterans returning from active duty both of the following:
(1)Copy CA Military and Veterans Code § 712(a)(1)
(A)Copy CA Military and Veterans Code § 712(a)(1)(A) User-friendly Internet resources that provide information on the signs of pertinent ailments from various conflicts, including, but not limited to, all of the following:
(i)CA Military and Veterans Code § 712(a)(1)(A)(i) From the Vietnam War, exposure to Agent Orange and post-traumatic stress disorder.
(ii)CA Military and Veterans Code § 712(a)(1)(A)(ii) From Operation Desert Shield and Operation Desert Storm, exposure to depleted uranium and Gulf War Syndrome.
(iii)CA Military and Veterans Code § 712(a)(1)(A)(iii) From Operation Enduring Freedom and Operation Iraqi Freedom, traumatic brain injury and post-traumatic stress disorder.
(B)CA Military and Veterans Code § 712(a)(1)(A)(B) The Internet resources shall provide links to the appropriate agency or person that may help the family members of the veteran address any issues arising from the ailments specified in subparagraph (A).
(2)CA Military and Veterans Code § 712(a)(2) Printed material regarding the ailments specified in subparagraph (A) of paragraph (1) at any public function of the department.
(b)CA Military and Veterans Code § 712(b) Update its Internet Web site to prominently display a link to the Network of Care for Veterans and Service Members site, which is an online educational tool for municipal employees and community-based organizations that allows for easier access to information and resources relating to veterans.
veterans family support online resources for veterans PTSD information Agent Orange exposure Gulf War Syndrome Vietnam War ailments traumatic brain injury Network of Care link Operation Desert Shield Operation Desert Storm Operation Enduring Freedom Operation Iraqi Freedom veterans health issues printed resources for veterans veteran support services
Section § 713
The department must identify unused or underutilized nonresidential properties they own by July 1, 2016. They need to list these properties and propose ways to use them to benefit California veterans, focusing on services like housing, supportive services, and healthcare.
When evaluating these properties, the department should see how they can work together as part of an integrated system. They should prioritize potential projects for making use of these properties, but keep in mind that further research may be necessary to implement the plans effectively.
(a)CA Military and Veterans Code § 713(a) By July 1, 2016, the department shall do both of the following:
(1)CA Military and Veterans Code § 713(a)(1) Create a list of unused or underutilized nonresidential real property owned by the department, including property on or near the premises of existing department facilities.
(2)CA Military and Veterans Code § 713(a)(2) Propose one or more potential uses of those properties that will benefit California veterans and
make a preferred recommendation for use of each property, and in doing so, consider uses including, but not limited to, the following services for veterans:
(A)CA Military and Veterans Code § 713(a)(2)(A) Housing.
(B)CA Military and Veterans Code § 713(a)(2)(B) Supportive services.
(C)CA Military and Veterans Code § 713(a)(2)(C) Health care and mental health care.
(b)CA Military and Veterans Code § 713(b) When identifying the unused or underutilized nonresidential real properties, the department shall consider its inventory of properties as an integrated system, and shall address how prospective uses of the properties could complement each other.
(c)CA Military and Veterans Code § 713(c) The list of options shall be structured as a prioritized list of projects determined by the department to constitute appropriate uses for the properties identified in the plan.
(d)CA Military and Veterans Code § 713(d) The Legislature finds and declares that after a use option for a given location is identified pursuant to this section, further study and evaluation may be necessary in order to fully determine the feasibility of that use option and take steps toward its implementation.
unused properties underutilized properties nonresidential real property California veterans veteran housing supportive services healthcare for veterans mental health care property inventory integrated system project prioritization feasibility study property utilization veteran services
Section § 714
This California law requires the Department of Veterans Affairs and the Department of Consumer Affairs to work together to spread the word about professional licensing benefits for veterans and their spouses. They need to share information online and in communications with veterans to make sure they're aware of these benefits.
(a)CA Military and Veterans Code § 714(a) The Department of Veterans Affairs and the Department of Consumer Affairs shall both, in consultation with each other, take appropriate steps to increase awareness regarding professional licensing benefits available to veterans and their spouses.
(b)CA Military and Veterans Code § 714(b) The awareness efforts in subdivision (a) shall include, but not be limited to, both of the following:
(1)CA Military and Veterans Code § 714(b)(1) Posting information and resources on each department’s respective Internet Web site.
(2)CA Military and Veterans Code § 714(b)(2) Including information about these benefits in any communications that these agencies have with veterans when it is appropriate.
veterans benefits spouse benefits professional licensing Department of Veterans Affairs Department of Consumer Affairs awareness efforts licensing benefits Internet resources communication with veterans information sharing spousal support veterans support programs online resources government agencies collaboration veteran services
Section § 715
This law requires the department to assign one trained employee for every five state prisons to help veterans in prison apply for benefits they are eligible for. It also requires the department to work closely with the Department of Corrections and Rehabilitation to ensure these employees can effectively and safely assist incarcerated veterans.
(a)CA Military and Veterans Code § 715(a) The department shall provide one employee, trained and accredited by the department, for every five state prisons to assist incarcerated veterans in applying for and receiving any federal or other veterans’ benefits for which the veterans or their families may be eligible.
(b)CA Military and Veterans Code § 715(b) The department shall cooperate and collaborate with the Department of Corrections and Rehabilitation to ensure that department employees have
the greatest access and effectiveness practicable, while taking all necessary safety precautions, in order to assist veterans incarcerated within the state prisons.
incarcerated veterans veterans benefits prison assistance Department of Corrections and Rehabilitation state prisons federal benefits veterans aid safety precautions in prisons inmate support veteran eligibility prison employee collaboration benefits application assistance veteran services in prison
